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Employment Law

Don’t let peevish behavior tie you up in litigation

06/26/2015
Nobody likes a serial litigator, but don’t fall into the trap of punishing an employee for repeatedly filing lawsuits. It could cause a retaliation suit.

The ADA at 25: Disability by the numbers

06/24/2015
To commemorate the 25th anniversary of the ADA’s enactment, here’s a look at some of the hard numbers that define disability at work, as compiled by the U.S. Census Bureau.

Workers: Don’t monitor me!

06/23/2015
More than half of working people polled don’t want their bosses snooping on them. Asked how important they considered not being monitored at work, here’s what respondents said.

House bill would deny 2016 funding for controversial agency regulations

06/22/2015
The House of Representatives, intent on rolling back some of President Obama’s most incendiary labor policies, is using the FY2016 federal appropriations process to deny funding to carry out several National Labor Relations Board, Department of Labor and OSHA initiatives.

You’re not liable for customers’ racial slurs

06/22/2015

Sure, judges expect employers to keep the work environment relatively free from harassment, at least when slurs and other bad behavior come from co-workers and supervisors. But a different, more lenient standard applies when the source is outside the company’s direct control.

Not posting FLSA notices means unlimited liability

06/22/2015
An employer that normally would have been liable for three years’ worth of willful FLSA violations may be on the hook for violations stretching back 11 years.

California: Uber driver an employee, not a contractor

06/19/2015
Sharing-economy employers, take note: Your innovative business model doesn’t mesh well with traditional interpretations of employment law. The latest evidence: The California Labor Commissioner’s determination that an Uber driver is an employee, not an independent contractor.

Franken introduces bill limiting mandatory arbitration

06/18/2015
Sen. Al Franken has co-sponsored a bill with Rep. Hank Johnson (D-Ga.) that would limit what issues employers could force employees to arbitrate.

Does FMLA apply to same-sex spouses who don’t live in states that recognize same-sex marriage?

06/18/2015
Q. We have operations in South Dakota, and one of our employees there has requested FMLA leave to care for his same-sex spouse for an FMLA-qualified reason. The couple was married in Minnesota, but South Dakota does not recognize same-sex marriage. Should we grant the FMLA leave request?

Wearables at work: Big data or Big Brother?

06/18/2015
The ability to acquire biometric data is growing all the time, and yes, it will create employment law problems.